Phillip Page brought a personal grievance to the Employment Relations Authority against his former employer, Teddy and Friends Limited for unjustifiable dismissal.
Mr Page was self-represented.
During the Authority’s Investigation Meeting the parties came to an agreement being that:
Teddy and Friends apologize for unjustifiably dismissing Mr Page (and circulating incorrect comments about him), and
All matters of the dispute are resolved and neither party will make any comment about such matters, including about this consent determination to any third party.
Consent determinations, like this one, become orders of the Authority.
So what happens if the terms are breached? The other party can seek a compliance order, and later seek penalties should the compliance order not be complied with. How far can this go? The Employment Court has the power to impose a jail sentence on a party that remains in breach (s 140(6)(c) of the Act).
If Mr Page talks about the publicly published consent order determination to third parties, he would be in breach and Teddy and Friends Limited can sue.
It is ridiculous isn’t it? Why would Member Urlich entertain something like that?